Judgment

IMAM, J. : The appellant was tried by a Magistrate of 1st Class of Abu Road for an offence punishable under Ss. 65(a) and 66(b) of the Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949), hereinafter referred to as the Act. His servant Gangaram Makarji, accused No. 2, was also tried along with him under the aforesaid sections. A third accused in the case was the driver of the jeep car but the Magistrate did not frame any charge against him. He was accordingly discharged. The appellant was sentenced by the Magistrate to 6 months S. I and a fine of Rs. 500 under S. 65(a) of the Act and to 3 months S. I. and a fine of Rs. 500 under S. 66(b) of the Act. The sentences of imprisonment were directed to run concurrently. His servant Gangaram Makarji was sentenced to one month s S. I. and a fine of Rs. 100 under S. 65(a) of the Act and to 15 days S. I. and a fine of Rs. 100 under S. 66(b) of the Act. the sentences of imprisonment were directed to run concurrently.

2. The appellant appealed to the Sessions Judge of Mehsana against his conviction and sentence. The Additional Sessions Judge, who heard the appeal, allowed it and set aside the conviction and sentence of the appellant